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Defendant shall be punished by imprisonment without prison labor for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
On October 25, 2013, the Defendant, who is engaged in driving CSP car, driven the said car on October 25, 2013, led to a four-lane road of the 691-lane in the Chang-dong in Guri-si to the east side of the agricultural and fishery product market at the speed of 50km in the speed of 3 lanes.
At night, the Defendant was unable to leave the crosswalk at night, and the Defendant was passing along the intersection near the crosswalk, so the person engaged in the driving of the motor vehicle was obliged to take an occupational duty to prevent the accident by checking it well, but the Defendant was negligent in neglecting the front-down, and caused the victim D (the age of 56) (the age of 56) on the right side from the Defendant’s moving direction to the right side of the front-hander of the motor vehicle.
The Defendant suffered injury to the above victim due to the above occupational negligence, such as 12 weeks of sexual intercourse, which requires medical treatment.
Summary of Evidence
1. Statement of the accused in the first protocol of trial;
1. Statement of the police statement of E;
1. A medical certificate;
1. A traffic accident report;
1. Application of Acts and subordinate statutes on accident site and photographs of accident vehicles;
1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;
1. Reasons for sentencing under Article 62(1) of the Criminal Act of the Suspension of Execution [Determination of Punishment] - Type 1 of general traffic accident (the injury of a traffic accident): - The mitigation element: The victim's cross the crosswalk on the red signal [decision of the recommending area] [the scope of the recommending area] mitigation area] from January to June [the scope of the recommending area] mitigation element - Deposit of a reasonable amount, serious reflectivity - the aggravation element: the occurrence of serious injury not serious injury; the occurrence of repeated crime (whether suspended sentence is suspended of execution] - positive reason: the victim's fault, deposit of a reasonable amount, serious reflectness, and detention of the defendant is excessive to the family members.